49 yrs before SC verdict, a Punjab circular: 50% quota within quota for Balmikis, Mazhabi Sikhs

Punjab has the highest population of Scheduled Castes at 32 per cent as per the 2011 census. Of this Balmikis and Mazhabi Sikhs make for 12.61 per cent while 37 other scheduled castes make for the remainder. The top court’s directive would provide benefits to Balmikis and Mazhabi Sikhs, who would get 12.5 per cent reservation out of 25 per cent in recruitments in government jobs and 7 per cent out of 14 per cent reservation in promotions.

The issue of sub reservation in Punjab is 49 years old, when in 1975, then Congress chief minister Giani Zail Singh issued a circular reserving 50% of jobs within the SC reserved quota for members of the Balmiki and Mazhabi Sikh communities.

This circular continued to function until 2006 when the Punjab and Haryana High Court struck it down after it was challenged in the backdrop of the ‘E.V. Chinnaiah v State of Andhra Pradesh’ case in which a five-judge SC Bench struck down the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 for being violative of the right to equality.

After high court struck down the circular, Punjab saw massive protests by Mazhabis and Balmikis. It was alleged that Ravidassia community had used its influence to weaken the case in the court.

Subsequently, the same year, then Punjab CM Amarinder Singh brought a Bill in the Vidhan Sabha to “protect and safeguard the reservation rights of the Balmikis and Mazhabi Sikhs”. The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 was enacted.

Amarinder argued that the Bill would safeguard the reservation rights of the Mazhabis and Balmikis who “fall at the bottom of the reservation pyramid and mostly remain left out from the benefit due to their extreme educational and economic backwardness”.

As per provisions of the Act 50% of the vacancies for jobs in the SC quota were reserved for Balmikis and Mazhabi Sikhs “as a first preference from amongst the Scheduled Castes”. The other SC communities in the state — about 37 castes – were given the rest of the reservation pie.

The Opposition claimed that Amarinder wanted to appease voters. However, the Bill was passed in Vidhn Sabha unanimously. Ever since, the successive governments, including the ones led by SAD-BJP alliance in its subsequent two terms, and Congress from 2017 to 2022, worked in favour of the Bill. The incumbent Aam Aadmi Party (AAP) government has also supported the stand taken by Giani Zail Singh and Amarinder’s government. Punjab Advocate General Gurminder Singh also argued the case in the favour.

Mohinder Singh Kaypee, who was Social Welfare Minister in Amarinder’s government said that they wanted to help the downtrodden.

The Balmikis and Mazhabis comprised only 12.61% of the SC population and this led to contention among other Dalit communities in the state such as Ravidassias, Adharmi, Bazigar, Mochi, Megh and others.

In 2010, when SAD leader Parkash Singh Badal was the CM, the Act was challenged by the Chamar Mahasabha in the High Court, which struck down Section 4(5) of the Act, which provided 50% reservations to Balmikis and Mazhabi Sikhs.

After this, Balmikis organised a statewide protest, seeking restoration of 12.5 per cent quota for them in various jobs and educational institutions. The then SAD led government moved Supreme Court, which stayed the 2010 HC order.

The Punjab government then moved the Supreme Court against the HC ruling arguing that the Supreme Court in 2004 had incorrectly concluded that Scheduled Caste quota cannot be sub-classified.

While many argue that the sub reservation was aimed at helping the most backward of backward, others argue that this was aimed at dividing the SCs, who formed a major chunk of 32 per cent of population in the state. “They could have been a threat. If they vote enmasse, they can change the governments. Or, else, they can even form their own government,” said Ladhar.

Punjab Congress chief and Ludhiana MP Amrinder Singh Raja Warring welcomed the Supreme Court verdict. “The Supreme Court has put its stamp of approval. There are many deprived and left behind sections in the society. There are castes no one cares about,” he said.

Senior BJP leader and former union minister Som Parkash said, “This is a good decision. This will help the downtrodden and socially backward castes.”

Shiromani Akali Dal MLA from Banga Dr Sukhwinder Kumar Sukhi, however, said, “The Supreme Court should not intervene in such matters. This is the job of the governments to look into such issues. I would say this is a big interference by the BJP, which wants to dilute the reservation. There should be no reservation within the reservation. An attempt is being made to divide the society”.